{"id":374607,"date":"2016-03-31T21:35:51","date_gmt":"2016-04-01T02:35:51","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/montana-law\/montana-homestead-laws.html"},"modified":"2026-07-27T16:51:17","modified_gmt":"2026-07-27T21:51:17","slug":"montana-homestead-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-homestead-laws.html","title":{"rendered":"Montana Homestead Laws"},"content":{"rendered":"\n
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Montana Homestead Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Montana<\/span>\u2019s homestead exemption<\/span> protects a homeowner<\/span>\u2019s primary residence<\/span> from forced sale or seizure during a bankruptcy. Montana<\/span> property<\/span> owners<\/span> must file a homestead declaration<\/span> to receive the homestead protection. You only need to file a declaration of homestead<\/span> once, with the value adjusted automatically according to state law. To claim the homestead exemption<\/span> or any Montana<\/span> bankruptcy exemption, you must have lived in the state of <\/span>Montana<\/span> for at least 730 days (two years).<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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The famous federal Homestead Act<\/span> allowed settlers to claim hundreds of acres in Montana<\/span>. Those days may be gone, but the Montana<\/span> homestead exemption<\/span> under the Montana<\/span> Code Annotated<\/span><\/a>\u00a0allows a homeowner<\/span> to exempt the equity in their primary residence<\/span> from creditor claims<\/span> and forced sales. A Montanan<\/span>\u2019s primary residence<\/span> can consist of any \u201cdwelling house\u201d as long as it is the owner\u2019s principal residence. It can include:<\/p>\n